thedrifter
03-26-08, 03:46 PM
CAMP PENDLETON: Hearing in alleged prisoner killings to start Friday
By MARK WALKER - Staff Writer
CAMP PENDLETON ---- The first hearing for one of three Marines charged in the 2004 killing of four insurgent detainees in the city of Fallujah is scheduled to begin Friday in a base courtroom.
Sgt. Jermaine Nelson is accused of murder and dereliction of duty for his alleged role in the incident that took place on Nov. 9, 2004, according to the Marine Corps.
Prosecutors say Nelson and two other members of his squad shot four unarmed prisoners they had captured during a fight to wrest the city from insurgent control.
Nelson's hearing is expected to last two days, during which Marine prosecutors plan to introduce evidence they contend will justify him being court-martialed on the charges.
Presiding over the hearing will be Lt. Col. Thomas McCann, who ultimately will issue a report stating whether he believes there is probable cause to have Nelson tried. A final decision is up to Lt. Gen. Samuel Helland, commander of Marine Corps forces in the Middle East.
Last week, the Marine Corps announced it had recalled Sgt. Ryan Weemer to active duty and charged him one count of unpremeditated murder in the incident.
The military opened an investigation into the slayings after Weemer told Secret Service agents that he was aware of unlawful deaths in Fallujah, authorities have said.
Former Marine Sgt. Jose Nazario Jr. was the first man charged in the case. In August, the U.S. attorney in Riverside County filed two counts of involuntary manslaughter against him.
Nazario is being prosecuted as a civilian because he was no longer subject to being recalled to active duty.
In an affidavit released last summer, Naval Criminal Investigative Service Special Agent Mark Fox wrote that Nazario and other Marines from the 3rd Battalion, 1st Marine Regiment's Kilo Company captured the insurgents during house-to-house fighting.
Fox alleged that Nazario shot two insurgents in the head and directed Marines under his command to shoot two other Iraqis.
"Who else wants to kill these guys, because I don't want to do it all myself," Nazario is quoted as telling his Marines, according to the Fox affidavit.
Attorneys representing the accused troops contend there is no evidence beyond Weemer's statement and that prosecutors will be hard-pressed to prove the men are guilty of any crime.
Fallujah became a flash point after insurgents ambushed and killed three Blackwater Security civilian contractors, later hanging their corpses from a bridge in March 2004. U.S. forces left the city shortly thereafter at the request of the Iraqi government.
Six months later, U.S. troops returned and launched a massive fight to retake the city. The resistance was overcome by late December, and several Camp Pendleton Marines were later honored with awards, including two Navy Cross citations for valorous actions during the fighting.
Ninety-five U.S. troops were killed and more than 600 were wounded. An estimated 1,350 insurgents were killed and 1,000 captured.
While the military's rules of engagement were loosened during the battle, the law of armed conflict makes it a crime to kill captured enemy combatants.
The Fallujah prosecutions are separate from the case involving the slaying of two dozen Iraqi civilians in the city of Haditha in November 2005.
The first court-martial for four base Marines facing charges in that incident begins Friday with jury selection in the trial of Lance Cpl. Stephen Tatum, who is charged with two counts of involuntary manslaughter.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Comment at nctimes.com.
Ellie
By MARK WALKER - Staff Writer
CAMP PENDLETON ---- The first hearing for one of three Marines charged in the 2004 killing of four insurgent detainees in the city of Fallujah is scheduled to begin Friday in a base courtroom.
Sgt. Jermaine Nelson is accused of murder and dereliction of duty for his alleged role in the incident that took place on Nov. 9, 2004, according to the Marine Corps.
Prosecutors say Nelson and two other members of his squad shot four unarmed prisoners they had captured during a fight to wrest the city from insurgent control.
Nelson's hearing is expected to last two days, during which Marine prosecutors plan to introduce evidence they contend will justify him being court-martialed on the charges.
Presiding over the hearing will be Lt. Col. Thomas McCann, who ultimately will issue a report stating whether he believes there is probable cause to have Nelson tried. A final decision is up to Lt. Gen. Samuel Helland, commander of Marine Corps forces in the Middle East.
Last week, the Marine Corps announced it had recalled Sgt. Ryan Weemer to active duty and charged him one count of unpremeditated murder in the incident.
The military opened an investigation into the slayings after Weemer told Secret Service agents that he was aware of unlawful deaths in Fallujah, authorities have said.
Former Marine Sgt. Jose Nazario Jr. was the first man charged in the case. In August, the U.S. attorney in Riverside County filed two counts of involuntary manslaughter against him.
Nazario is being prosecuted as a civilian because he was no longer subject to being recalled to active duty.
In an affidavit released last summer, Naval Criminal Investigative Service Special Agent Mark Fox wrote that Nazario and other Marines from the 3rd Battalion, 1st Marine Regiment's Kilo Company captured the insurgents during house-to-house fighting.
Fox alleged that Nazario shot two insurgents in the head and directed Marines under his command to shoot two other Iraqis.
"Who else wants to kill these guys, because I don't want to do it all myself," Nazario is quoted as telling his Marines, according to the Fox affidavit.
Attorneys representing the accused troops contend there is no evidence beyond Weemer's statement and that prosecutors will be hard-pressed to prove the men are guilty of any crime.
Fallujah became a flash point after insurgents ambushed and killed three Blackwater Security civilian contractors, later hanging their corpses from a bridge in March 2004. U.S. forces left the city shortly thereafter at the request of the Iraqi government.
Six months later, U.S. troops returned and launched a massive fight to retake the city. The resistance was overcome by late December, and several Camp Pendleton Marines were later honored with awards, including two Navy Cross citations for valorous actions during the fighting.
Ninety-five U.S. troops were killed and more than 600 were wounded. An estimated 1,350 insurgents were killed and 1,000 captured.
While the military's rules of engagement were loosened during the battle, the law of armed conflict makes it a crime to kill captured enemy combatants.
The Fallujah prosecutions are separate from the case involving the slaying of two dozen Iraqi civilians in the city of Haditha in November 2005.
The first court-martial for four base Marines facing charges in that incident begins Friday with jury selection in the trial of Lance Cpl. Stephen Tatum, who is charged with two counts of involuntary manslaughter.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Comment at nctimes.com.
Ellie